Consumer Cases
Selling A Second Hand Mobile Phone For Price Of A New Phone Is Deficiency In Service: Gurgaon District Commission
The District Consumer Disputes Redressal Commission, Gurgaon has held the seller of a Nokia Mobile Phone and its service center liable for selling a second hand phone to the complainant for the price of a new phone. The bench also held Flipkart India liable since the phone was sold through its website. Brief facts: The complainant ordered a new handset- “Nokia-6310 Dual Sim...
Selling Pre-Packaged Products Above MRP Is Unfair Trade Practice: Thrissur District Commission
The Thrissur Consumer Disputes Redressal Commission bench comprising C.T Sabu, President, Sreeja S, Member and Ram Mohan, Member has held the Managing director of Kerala State Beverages Corporation ('KSBC') and the branch manager of KSBC's sales outlet liable for charging in excess of the MRP of a pre-packed commodity. Brief facts: The complainant purchased a package of...
False Assurances Regarding IVF Success Is Deficiency In Service And Unfair Trade Practice: Ernakulum District Commission
The District Consumer Disputes Redressal Commission, Ernakulum bench comprising President D.B Binu, V Ramachandran, Member and Sreevidhia T.N, Member has held that misrepresentation and false assurances regarding IVF success is unfair trade practice and deficiency in service. The bench also shed light on the exploitative practices in the medical sector and a grave breach of trust...
Consumer Forum Can Hear Complaints Under Medical Insurance Scheme For State Govt Employees: Kerala Consumer Commission
The Kerala State Consumer Disputes Redressal Commission Bench has recently held that a Consumer Commission can entertain a complaint filed by an individual relating to a claim under the MEDISEP Scheme especially in absence of a statutory authority to deal exclusively with such claims under the Scheme. The decision was rendered by the bench of Justice B. Sudheendra Kumar (President) and...
Failure To Issue Genuine Temporary Registration No., Kupwara District Consumer Commission Holds Fairdeal Motors Liable
The Kupwara District Consumer Disputes Redressal Commission bench comprising Peerzada Qousar Hussain, President and Nyla Yaseen, Member has held Fairdeal Motors liable for indulging in unfair trade practice and putting additional financial burden on the complainant by providing fake temporary Registration No to the vehicle he purchased.Facts of the Case:The complainant purchased a Tata Tiago...
Delay In Informing Insurer Not Critical If Police Notified Promptly: NCDRC Holds Cholamandalam General Insurance Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided over by AVM J. Rajendra and Dr. Justice Sudhir Kumar Jain, dismissed a revision petition by Cholamandalam Insurance and held that delay in informing the insurer about the theft does not invalidate the claim if the insured promptly reports the incident to the police. Brief Facts of the Case The complainant bought...
Denial Of Fair Hearing, Breach Of Natural Justice: Uttarakhand State Commission Remands Matter Back To District Commission
The Uttarakhand State Commission, presided by Ms. Kumkum Rani and Mr. B.S. Manral, in an appeal by Escorts Kubota, held that denial of a fair hearing is a violation of the principle of natural justice and remanded the matter back to the District Commission. Brief Facts of the Case The complainant purchased a machine from Channel Motors, an authorised dealer of...
Uttarakhand State Commission Dismisses Deficiency In Service Complaint Against Uttarakhand Power Corporation
The Uttarakhand State Commission, presided by Ms. Kumkum Rani and Mr. C.M. Singh, dismissed the complaint against Uttarakhand Power Corporation for deficiency in service and overruled the District Commission's order. Brief Facts of the Case The complainant took an electricity connection from the Uttarakhand Power Corporation after depositing three times the security amount. Later,...
Wrongful Rejection Of Claim: Uttarakhand State Commission Holds New India Assurance Liable For Deficiency In Service
The Uttarakhand State Commission, presided by Ms. Kumkum Rani and Mr. C.M. Singh, affirmed the District Commission's decision and held New India Assurance liable for deficiency in service. Brief Facts of the Case The complainant took a loan from a bank to build a house. The house was insured with New India Assurance/insurer for ₹50,000 under a fire and special perils...
Misrepresentation Valid Ground For Repudiation Of Insurance Claim: Uttarakhand State Commission Dismisses Deficiency Complaint Against National Insurance
The Uttarakhand State Commission, presided by Ms. Kumkum Rani and Mr. C.M. Singh, overturned the District Commission's decision and dismissed a deficiency in service complaint against National Insurance Company owing to the misrepresentation by the complainant. Brief Facts of the Case The complainant had a Tata Indigo car, which was insured with National Insurance/the insurer....
Negligence Must Be Proven Through Expert Opinion, Ultrasound Not Conclusive Proof: Uttarakhand State Commission Dismisses Complaint Against Doctor
The Uttarakhand State Commission, presided by Ms. Kumkum Rani and Mr. C.M. Singh, dismissed a complaint for negligence and deficiency in service against a doctor and held that to prove negligence, expert opinion must be provided, as ultrasound is not conclusive proof. Brief Facts of the Case The complainant gave birth to a child who had serious physical deformities. The child...
Homebuyer Not Entitled For Refund On Cancellation If Payment Is Less Than 10% Of Sale Consideration: Haryana RERA
Haryana Real Estate Regulatory Authority (Authority) bench comprising of Ashok Sangwan (Member) denied refund to a homebuyer whose allotment was cancelled due to non-payment of instalments, holding that the homebuyer had paid less than 10% of the total sale consideration.The general rule followed by Haryana RERA is that if a builder cancels the allotment due to non-payment of instalments,...